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Workplace & Labour Rights

The Minimum Wage Does Not Apply in Our Sector

An employer claims their industry or sector is exempt from the statutory minimum wage

Premium foundational 8 minutes
The Situation

What They Said

“The minimum wage does not apply here — our sector has its own rates and we are not bound by that law.”
An employer pays below the statutory minimum wage, claiming their industry, sector, or farm is exempt from the general minimum wage law, or that a sectoral determination sets a different (lower) rate that replaces the statutory minimum.
The Fallacy

False Exemption / Special Pleading

The employer fabricates or overstates an exemption that does not exist or does not apply in the way they claim. The statutory minimum wage law applies to all employees in the jurisdiction except those explicitly excluded — and exclusions are narrow. Sectoral determinations may set higher rates, but they cannot set rates below the statutory minimum. Claims that 'our sector is different' are almost always false, and even if a sector has a determination, it cannot lawfully pay less than the statutory floor.

What the Law Says

Your Legal Foundation

Ley de Contrato de Trabajo
art. 116 de la Ley de Contrato de Trabajo — Minimum wage applicability
“Minimum vital wage is the lowest remuneration that a worker without family responsibilities must receive in cash, during their legal working hours, so as to ensure adequate food, decent housing, education, clothing, health care, transportation and recreation, vacations and social security.”
The employer's claim that the minimum wage does not apply because of sector-specific rates is incorrect. The law defines a universal minimum vital wage that applies to all workers, regardless of sector, and no sectoral determination can set a lower rate that replaces it.
What Scripture Says

God's Word on This

Leviticus 19:13 (NET)
“You must not oppress your neighbor or commit robbery against him. You must not withhold the wages of the hired laborer overnight until morning.”
God's law in Leviticus explicitly required that workers be paid promptly and fully. The principle is ancient and consistent: holding back wages that are lawfully owed is not a business decision but a moral violation. The statutory minimum wage law reflects this same principle — the worker has a right to the floor, and the employer has no discretion to go below it regardless of what sector they are in.
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What They'll Say Next

Common Counter-Arguments

After you respond, they may push back with these arguments. Members get the full rebuttal for each.

They might say: “Our sectoral determination is legally binding and overrides the general minimum wage.”
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They might say: “The minimum wage law only applies to certain industries, not to our type of farm.”
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